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Zoning board denies Manelas variance for West Shore Road deck, citing setback encroachment and hardship shortfall
Summary
The Zoning Board of Adjustment denied Variance #26VAR01 for Karen and John Manelas of 141 West Shore Road after finding several variance criteria unmet, including lack of demonstrated unnecessary hardship and continuing encroachment into abutting property setbacks.
The Zoning Board of Adjustment denied Variance #26VAR01 on Jan. 6, 2026, rejecting a request from Karen and John Manelas to authorize a deck and relocated stairs at 141 West Shore Road that would intrude into zoning setbacks.
Board members and staff debated whether the application was complete, whether a formal survey was required and whether the applicants had demonstrated the statutory "unnecessary hardship" needed for a variance. Land Use Administrative Assistant Donna Sullivan read the application and noted two written responses from nearby property owners; a Land Use memo from Mike Lacasse documenting a June site visit was also entered into the record. The Lacasse measurement indicated the relocated stairs would be about 2 feet 2 inches from the property line.
After initial disagreement about whether a survey must accompany the application, the Board rescinded an earlier motion finding the filing incomplete and voted 4-1 to accept the application as complete using the Land Use estimate in place of a professional survey. The Board then considered each of the five variance criteria in separate motions. Members found Criteria 1, 2 and 3 not satisfied—motions that carried 3-2—citing continued encroachment on an adjoining lot and that the applicants had not shown a hardship that was not self-created. Criterion 4 (no adverse effect on surrounding property values) passed 5-0. Several subparts of Criterion 5 were found met by divided votes, but because not all statutory criteria were satisfied the Chair declared the variance denied.
Board members discussed the applicants' prior construction and the town’s after-the-fact permit process. Land Use Manager Joanne Bailey explained that the "Unnecessary Hardship" standard requires that the ordinance interfere with a reasonable use of the property due to unique land conditions (size, shape, slope, wetlands or location) and that personal hardship, cost or convenience do not qualify. Several members said previous construction without permits raised questions about whether the hardship was self-induced.
No members of the public spoke in opposition during the public-comment period; one late-arriving representative of the Newfound Sands Condo Association joined by Zoom and said he had no comments. The applicants expressed dissatisfaction after the denial was announced. The Board approved the Dec. 11, 2025 minutes and adjourned at 7:30 p.m.; its next meeting is scheduled for Feb. 3, 2026.
The denial means the applicants must either revise the project to comply with zoning setbacks and lot-coverage limits or pursue other remedies outside the variance process.
